FEDERALISM UNDER FIRE: A CRITICAL ANALYSIS OF ARTICLE 356 AND STATE GOVERNANCE BREAKDOWNS IN INDIA

Abstract

This analysis critically examines Article 356 of the Indian Constitution and its
profound implications for state governance. It highlights the delicate balance between
federalism and centralized authority during crises, revealing that the invocation of Article
356 often results in significant governance breakdowns that undermine democratic principles
and erode individual rights. The study emphasizes the role of judicial scrutiny, notably in
landmark cases like S.R. Bommai v. Union of India, which have established essential checks
and balances. Despite these safeguards, the recurrent use of emergency provisions raises
concerns about potential political misuse. Furthermore, a comparative analysis underscores
the unique challenges India faces within its federal framework, suggesting that insights from
other federal systems could enhance governance strategies. Ultimately, the study advocates
for a reevaluation of Article 356 to build a more resilient federal structure that prioritizes
accountability and upholds democratic values in times of crisis.